CrPC Section 300
🔹 Section 300(1) – Prohibition against Double Jeopardy
“A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall not be liable to be tried again for the same offence, while such conviction or acquittal remains in force.”
Explanation:
If a person has already been tried, and either convicted (found guilty) or acquitted (found not guilty) by a competent court, they cannot be tried again for the same offence.
The protection continues as long as the conviction/acquittal stands, i.e., unless it's set aside by appeal or revision.
🔹 Section 300(2) – Exception: Consequential Offences
“A person acquitted or convicted of any offence may, notwithstanding such acquittal or conviction, be tried for any distinct offence for which a separate charge might have been made against him at the former trial under sub-section (1) of section 220.”
Explanation:
If a person could have been charged for multiple distinct offences in the same trial (as per Section 220(1) CrPC), but was not, then they can still be tried later for those other distinct offences.
Example: If someone is tried only for theft, but not for house-breaking (which happened at the same time), they can later be tried for house-breaking if charges weren’t framed earlier.
🔹 Section 300(3) – Trial for a Different Offence
“A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that for which he was convicted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened or were not known to the Court to have happened at the time when he was convicted.”
Explanation:
If someone is convicted for an offence, and later it turns out the act caused more serious consequences (which were unknown earlier), they can be tried again for the new, more serious offence.
Example: A person is convicted for causing hurt, but the victim later dies. The accused can now be tried for culpable homicide or murder.
🔹 Section 300(4) – Situation of Negligence or Lack of Knowledge
“A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be tried with the consent of the State Government for any other offence constituted by the same acts which he may have committed, if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.”
Explanation:
If the first trial was held in a lower court that was not competent to try a more serious offence, the person can be tried again for the more serious offence with the State Government's consent.
This ensures that jurisdictional limitations do not protect offenders from being prosecuted for more serious crimes.
🔹 Section 300(5) – Civil & Revenue Proceedings
“A person discharged or acquitted may be tried again with the consent of the Court for a different offence where the facts are such that they give rise to both a criminal and a civil/revenue liability.”
Explanation:
If an act gives rise to both a criminal offence and a civil/revenue liability, proceedings can occur separately.
An acquittal in a criminal case does not bar proceedings in civil or revenue courts for the same act.
🔹 Section 300(6) – Bar under Constitution also
This provision aligns with Article 20(2) of the Constitution of India, which states:
“No person shall be prosecuted and punished for the same offence more than once.”
This constitutional protection ensures fundamental rights against double punishment.
✅ Key Points Summarized:
One trial per offence – no second trial if already acquitted/convicted.
Exceptions apply when:
The second offence is distinct and was not tried earlier.
New consequences arise after the first trial (e.g., victim dies).
The first court lacked jurisdiction for a more serious offence.
Civil/revenue proceedings may still proceed separately.
⚖️ Illustration Example:
Suppose A stabs B, and B is seriously injured. A is tried and convicted for causing grievous hurt. A few weeks later, B dies from the injury.
➡️ Now, A can be tried again for culpable homicide, even though he was already convicted earlier. This is allowed under Section 300(3).
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